2003S0611-1 03/12/03


By:  Ellis                                                        S.B. No. 1335

A BILL TO BE ENTITLED
AN ACT
relating to the organization, quorum requirements, and period of service of the directors of certain legislative agencies. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 321.002, Government Code, is amended by amending Subsection (e) and adding Subsection (f) to read as follows: (e) The committee shall elect [organize by electing one member to serve as chairman and] one member to serve as secretary. (f) The lieutenant governor and the speaker serve alternate terms as the chairman of the committee. The terms as chairman are for two years and expire on February 1 of each odd-numbered year. SECTION 2. Subsection (c), Section 321.005, Government Code, is amended to read as follows: (c) The State Auditor serves at the will of the committee for a two-year period beginning January 1 of each odd-numbered year. The committee shall meet after September 1 and before December 31 of each even-numbered year and shall either reappoint the State Auditor or appoint another person to serve in that position for the following two-year period. SECTION 3. Subsection (b), Section 322.001, Government Code, is amended to read as follows: (b) The lieutenant governor [is the chairman of the board] and the speaker serve alternate terms as [is] the chairman and vice-chairman of the board. The terms as chairman and vice-chairman are for two years and expire on February 1 of each odd-numbered year. SECTION 4. Subsection (a), Section 322.004, Government Code, is amended to read as follows: (a) The board shall appoint a director to serve at the pleasure of the board for a two-year period beginning January 1 of each odd-numbered year. The board shall meet after September 1 and before December 31 of each even-numbered year and shall either reappoint the director or appoint another person to serve in that position for the following two-year period. The director is accountable only to the board. SECTION 5. Subsection (c), Section 323.001, Government Code, is amended to read as follows: (c) The lieutenant governor [is the chairman of the council] and the speaker serve alternate terms as [is] the chairman and vice-chairman of the council. The terms as chairman and vice-chairman are for two years and expire on February 1 of each odd-numbered year. SECTION 6. Chapter 323, Government Code, is amended by adding Section 323.002 to read as follows: Sec. 323.002. EXECUTIVE DIRECTOR. The council shall appoint an executive director to serve at the will of the council for a two-year period beginning January 1 of each odd-numbered year. The council shall meet after September 1 and before December 31 of each even-numbered year and shall either reappoint the executive director or appoint another person to serve in that position for the following two-year period. SECTION 7. Subsection (b), Section 323.003, Government Code, is amended to read as follows: (b) A majority of the [Twelve] members of the council from each house constitutes [including the chairman and vice chairman constitute] a quorum. If a quorum is present, the council may act on any matter that is within its jurisdiction by a majority vote. SECTION 8. Section 324.004, Government Code, is amended by amending Subsection (b) and adding Subsection (e) to read as follows: (b) The board consists of: (1) the lieutenant governor; (2) the speaker of the house of representatives; (3) two members [the chairman of the senate finance committee; [(4) the chairman of the house appropriations committee; [(5) one other member] of the senate appointed by the lieutenant governor; and (4) two members [(6) one other member] of the house appointed by the speaker. (e) The lieutenant governor and the speaker serve alternate terms as the chairman of the board. The terms as chairman are for two years and expire on February 1 of each odd-numbered year. SECTION 9. Subsection (a), Section 324.005, Government Code, is amended to read as follows: (a) The board shall appoint a director to serve at the pleasure of the board for a two-year period beginning January 1 of each odd-numbered year. The board shall meet after September 1 and before December 31 of each even-numbered year and shall either reappoint the director or appoint another person to serve in that position for the following two-year period. SECTION 10. Subsection (a), Section 325.004, Government Code, is amended to read as follows: (a) The commission shall employ an executive director to act as the executive head of the commission. The executive director serves for a two-year period beginning January 1 of each odd-numbered year. The commission shall meet after September 1 and before December 31 of each even-numbered year and shall either reappoint the executive director or appoint another person to serve in that position for the following two-year period. SECTION 11. (a) To accomplish the alternating chairmanship plan for the Legislative Budget Board, the Legislative Library Board, the Texas Legislative Council, and the legislative audit committee as provided by this Act, on the effective date of this Act: (1) the lieutenant governor shall assume: (A) the chairmanship of the Legislative Budget Board; (B) the chairmanship of the Legislative Library Board; and (C) the vice-chairmanship of the Texas Legislative Council; and (2) the speaker of the house of representatives shall assume: (A) the chairmanship of the Texas Legislative Council; (B) the chairmanship of the legislative audit committee; and (C) the vice-chairmanship of the Legislative Budget Board. (b) The initial terms of the lieutenant governor and the speaker of the house of representatives as chairman and vice-chairman, as provided by Subsection (a) of this section, expire February 1, 2005. (c) The state auditor and the directors of the Legislative Budget Board, the Texas Legislative Council, the Legislative Reference Library, and the Sunset Advisory Commission who are serving on the effective date of this Act: (1) may continue to serve for a period ending December 31, 2004, subject to the will of the governing body of the legislative agency; and (2) may be reappointed to their positions. SECTION 12. This Act takes effect September 1, 2003.